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Statement on U.S. District Court Decision on a Preliminary Injunction Against Microsoft's Merger with Activision Blizzard

NextGen is disappointed with judge's decision to side with Microsoft and Activision amid strong evidence of a conflict of interest

Jul 11, 2023

The following statement can be attributed to George Rakis, Executive Director for NextGen Competition (

We are deeply disappointed by the outcome of this case. The court's decision not to stop the largest Big Tech merger in history should concern everyone. We all know that relentless Big Tech consolidation poses grave risks to consumers and the overall health of the digital ecosystem. In this case, it promises to crush the future of competition in the gaming industry.

Allowing this merger to proceed sets a troubling precedent. Beyond the gaming industry, this gives Microsoft the green light to consolidate further in areas where it is already dominant, such as cloud computing and artificial intelligence. This decision should be challenged, and we hope the FTC appeals the decision and continues its fight.

Further review of this case also requires examination of Judge Jacqueline Scott Corley’s apparent conflict of interest. In a recent letter to the court, concerns about improper judicial bias put a stain on the entire proceeding. In a case where the stakes are so incredibly high, the decision by a judge lacking impartiality should not stand.

About NextGen Competition

Our mission is to support a robust and competitive technology ecosystem by opposing anti-competitive business practices and promoting greater industry accountability. Specifically, we oppose consolidation in the industry that undermines worker protections and employer accountability, threatens data privacy and security, encourages market concentration, and limits consumer choice. NextGen Competition intends to work with a broad coalition of unions and public interest partners as it seeks to oppose anti-competitive business practices.